Law: Sindh Removal from Service (Special Powers) Ordinance, 2000

Section: 5(a),11

Law: Constitution of Pakistan, 1973

Section: 199

SummaryThe petitioner, Lt. Colonel (Rtd.) Syed Jawaid Ahmed, challenged his termination from Pakistan Defence Officers Housing Authority (PDOHA), contending it was done arbitrarily without a fair hearing, violating service rules and natural justice principles. The petitioner was dismissed allegedly due to misconduct related to sexual harassment allegations. The Court held that the petitioner was not given an opportunity of hearing before termination, which violates the principle of audi alteram partem. The Court emphasized that the provisions of the Removal from Service (Special Powers) Sindh Ordinance, 2000 override other service rules and must be followed. The impugned termination was declared legally ineffective, and respondents were directed to hold an inquiry following the Ordinance's procedures.Core Points:The petitioner acted as Principal but was overlooked for promotion despite a policy favoring internal promotion.The petitioner was terminated abruptly without a prior hearing or notice under service rules.Allegations of sexual harassment against the petitioner were cited as grounds for termination.The Service Rules 1992 are non-statutory, and the Removal from Service Ordinance 2000 has overriding effect per Section 11.The Court recognized the petitioner’s right to a personal hearing…

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